Sullivan v. Graffort
Supreme Court of Iowa
Appeal from, Dubuque District Court. The petition shows that Michael J. Sullivan, deceased, late husband of plaintiff, was the owner, at the time of his death, of lot No. 127 in the city of Dubuque, and for a long time prior to his decease had used and occupied the same as his homstead, and that since his death the plaintiff, with the minor children of deceased, have continued to so use and occupy said premises.
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Appeal from, Dubuque District Court. The petition shows that Michael J. Sullivan, deceased, late husband of plaintiff, was the owner, at the time of his death, of lot No. 127 in the city of Dubuque, and for a long time prior to his decease had used and occupied the same as his homstead, and that since his death the plaintiff, with the minor children of deceased, have continued to so use and occupy said premises. It is further alleged, that on lot No. 128, which adjoins plaintiff’s homestead on the north, there is a large brick building, the south wall of which is built on the division line…
1Opinion of the CourtMiller, J.
There is no controversy about the facts of the case. The wall of defendants’ house stands one-half on plaintiff’s lot and one-half on that of the defendant Mary Graffort. It was originally built solid, which was in 1856, and so remained until the summer of 1869, when three windows, two in the first and one in the second story, were constructed. The plaintiff and her husband prior to his death occupied their lot as a home from a time prior to the erection-of the wall by defendants. Neither the plaintiff nor her husband contributed to the cost of the wall, nor have they used it in any manner.
The…
2Cases cited1 opinion
- Thomson v. CurtisSupreme Court of Iowa · 1869
3Cited by12 opinions
- Graves v. SmithSupreme Court of Alabama · 1888
- Bennett v. SheinwaldMassachusetts Supreme Judicial Court · 1925
- Mickel v. YorkIllinois Supreme Court · 1898
- Harber v. EvansSupreme Court of Missouri · 1890
- Charles Shiverick & Co. v. R. J. Gunning Co.Nebraska Supreme Court · 1899
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